The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of imprisonment, three years of probation, three years of probation, observation of protection, and 80 hours of community service) is too uneasible.

2. The judgment of the court below committed the crime of this case as follows: (a) the defendant attempted to kill the victim who is the victim of this case by leaving the victim, who is the victim, into the sea at the end of the minor dispute; (b) the crime of this case was committed in an attempted attempt; (c) the nature of the crime and the method of the crime was very poor; and (d) the life of a person cannot be altered, and thus

Even if there is a need for strict punishment, the fact that the defendant has been subject to criminal punishment several times due to the violation of the Punishment of Violences, etc. Act, and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), etc. is disadvantageous to the

On the other hand, the fact that the defendant recognized the crime of this case and reflects his mistake, that the defendant seems to have committed the crime of this case by contingency, that the defendant did not interfere with the rescue of the victim in the situation that the victim was missing together with the victim, that the victim was relatively minor, that the victim did not want the punishment for the defendant, that the defendant did not have any record of punishment exceeding the same criminal record or fine, etc., are favorable to the defendant.

위와 같은 사정들과 그 밖에 피고인의 나이, 성 행, 환경, 범행의 동기, 수단과 결과, 범행 후의 정황 등 변론에 나타난 모든 양형조건 및 대법원 양형 위원회 제정 양형기준의 권고 형량 범위 ◈ 법률상 처단형의 범위: 징역 1년 3월 ~ 7년 6월 ◈ 양형기준의 적용 [ 유형의 결정] 살인 > 제 2 유형( 보통 동기 살인) [ 특별 양형 인자] 감경요소: 경미한 상해, 처벌 불원 [ 권고 영역 및 권고 형의 범위] 특별 감경영역, 징역 1년 2월 ~ 8년[ 살인 미수범죄이므로 기수범죄에 대한...